Cree, Inc. v. Gearxs, Inc. et al

Filing 66

PERMANENT INJUNCTION against Defendant West Coast Imports, Inc., by Judge John F. Walter: ORDERS, ADJUDICATES and DECREES that a permanent injunctionshall be and hereby is entered against Defendant as follows: Defendant and any person or entity actin g in concert with, or at its direction, including any and all agents, servants, employees, partners, assignees, and any others over which they may exercise control, are hereby restrained and enjoined. (SEE ATTACHMENT FOR FURTHER DETAILS). Each party shall bear its/his own attorneys' fees and costs incurred in this matter. Upon entry of this Permanent Injunction against Defendants, the case shall be dismissed with prejudice in its entirety. (Case CLOSED). (jp)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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CREE, INC., a North Carolina
Corporation,

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Plaintiff,

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Case No.: 2:16-cv-04515-JFW-PLAx

v.

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PERMANENT INJUNCTION
AGAINST DEFENDANTS WEST
COAST IMPORTS, INC.

GEARXS, INC., an Illinois Corporation;
REFAEL YITZHAKI, an Individual
d/b/a GEARXS, INC.; WEST COAST
IMPORTS, INC.; and DOES 1-10,
Inclusive,
Defendants.

Hon. John F. Walters

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The Court, pursuant to the Stipulation for Entry of Permanent Injunction

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and Dismissal of Entire Action by and between Plaintiff Cree, Inc. (“Plaintiff”),

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and Defendants West Coast Imports, Inc. (“Defendants”), on the other hand,

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hereby ORDERS, ADJUDICATES and DECREES that a permanent injunction

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shall be and hereby is entered against Defendant as follows:

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PERMANENT INJUNCTION. Defendant and any person or entity

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acting in concert with, or at its direction, including any and all agents, servants,

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employees, partners, assignees, and any others over which they may exercise

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control, are hereby restrained and enjoined, pursuant to 15 United States Code

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(“U.S.C.”) § 1116(a), from engaging in, directly or indirectly, or authorizing or

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assisting any third party to engage in, any of the following activities in the United
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PERMANENT INJUNCTION AND DISMISSAL

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States and throughout the world:
(i)

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copying, manufacturing, importing, exporting, purchasing,

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marketing, advertising, offering for sale, selling, receiving, storing, fulfilling,

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distributing or dealing in any product or service that uses, or otherwise making

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any use of, any of Plaintiffs’ intellectual properties, including but not limited to,

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the CREE® (Reg. Nos. 2,440,530; 2,452,761; 3,935,628; 3,935,629; 3,938,970;

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4,026,756; 3,935,630; 3,935,631; 3,938,971; 2,922,689; 3,998,141; 3,998,142;

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4,233,855; 4,234,124; 4,641,937; 4,597,310; 4,597,311; 4,767,107; 4,771,402;

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4,787,288), CREE LEDS® (Reg. Nos. 3,360,315; 4,558,924), CREE LED

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LIGHT® (Reg. No. 3,327,299), CREE LED LIGHTING® (Reg. Nos.

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3,891,756; 3,891,765), CREE LED LIGHTING SOLUTIONS® (Reg. No.

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3,526,887), and CREE TRUEWHITE® (Reg. Nos. 4,029,469; 4,091,530), CREE

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TRUEWHITE TECHNOLOGY (Reg. Nos. 4,286,398; 4,099,381) word and

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design trademarks affixed as Exhibits “A” - “DD” to Plaintiff’s Complaint (ECF

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Dkt. 30, ¶21)(collectively, “Plaintiff’s Intellectual Properties”);

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(ii)

copying, manufacturing, importing, exporting, marketing, sale,

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offering for sale, distributing or dealing in any product or service which uses, or

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otherwise makes any use of, any of CREE’s Marks, and/or any Plaintiff’s

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Intellectual Property, pursuant to the causes of action of this Litigation, which is

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confusingly or substantially similar to, or which constitutes a colorable imitation

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of, any of CREE’s Marks, whether such use is as, on, in or in connection with any

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trademark, service mark, trade name, logo, design, Internet use, website, domain

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name, metatags, advertising, promotions, solicitations, commercial exploitation,

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television, web-based or any other program, or any product or service, or

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otherwise using, advertising or displaying Plaintiff’s Intellectual Properties to

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suggest

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manufactured, sponsored or endorsed by Plaintiff;

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that

non-genuine

(iii)

CREE-related

products

being

advertised

are

performing or allowing others employed by or representing
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PERMANENT INJUNCTION AND DISMISSAL

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them, or under their control, to perform any act or things prohibited by law,

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which is likely to injure CREE, any of CREE’s Marks;
(iv)

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engaging in any acts of federal and/or state trademark

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infringement, false designation of origin, unfair competition, dilution, or other act

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which would tend to damage or injure CREE; and/or
(iii)

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that uses any of Plaintiff’s Intellectual Properties.
2.

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This Permanent Injunction does not apply to authentic CREE LEDs

or component parts bearing Plaintiff’s Intellectual Properties authorized by CREE.
3.

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owning or controlling any Internet domain name or website

This Permanent Injunction shall be deemed to have been served upon

Defendants at the time of its execution by the Court.
4.

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The Court finds there is no just reason for delay in entering this

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Permanent Injunction against Defendants, and the Court directs immediate entry

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of this Permanent Injunction against Defendants.

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5.

NO APPEALS AND CONTINUING JURISDICTION.

No

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appeals shall be taken from this Permanent Injunction, and the parties waive all

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rights to appeal. This Court expressly retains jurisdiction over this matter to

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enforce any violation of the terms of this Permanent Injunction and Confidential

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Settlement Agreement by the parties.

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NO FEES AND COSTS. Each party shall bear its/his own attorneys’

fees and costs incurred in this matter.

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DISMISSAL OF ENTIRE ACTION. Upon entry of this Permanent

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Injunction against Defendants, the case shall be dismissed with prejudice in its

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entirety.
IT IS SO ORDERED, ADJUDICATED and DECREED this 7th day of July,

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2017.
_______________________________
HON. JOHN F. WALTER
United States District Judge
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PERMANENT INJUNCTION AND DISMISSAL